PJC Malpractice 2024

E CONOMIC D AMAGES

PJC 84.5

COMMENT When to use. See explanatory note above. Because damages instructions in accounting malpractice cases are necessarily fact-specific, no true “pattern” instruc tions are given—only samples of some measures of general damages available in such cases. This list is not exhaustive. The samples are illustrative only, adapted to a hypo thetical fact situation, and must be rewritten to fit the particular damages raised by the pleadings and proof and recoverable under a legally accepted theory. The instructions should be drafted in an attempt to make the plaintiff whole but not to put him in a bet ter position than he would have been in had the defendant not been negligent. Substan tive law will determine the proper elements of damages for accounting malpractice. This question does not address any damages for breach of fiduciary duty. See the cur rent edition of State Bar of Texas, Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment PJC 115.18 for that issue. Measures generally alternative. The measures outlined above are generally alternative, although some may be in addition to one of the other measures.

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